PEOPLE v. ABREU

3237, 2066/07

76 A.D.3d 903 (2010)

907 N.Y.S.2d 668

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNESTO ABREU, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 23, 2010.


The trial court properly declined to charge seventh-degree possession as a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, that his possession was without intent to sell (see People v Negron, 91 N.Y.2d 788, 792 [1998]). In a paraphernalia-ridden apartment that was a proverbial drug factory, the police found 43 bags of...

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